COMPARE
The development of deep seabed claims is incredibly expensive. Companies in the U.S. are reluctant to invest heavily in deep seabed mining because of the risk that their activities would not withstand a legal challenge since the U.S. is not a party to the Convention. Conversely, foreign companies, because their governments have joined the Convention, have access to the international bodies that grant the legal claims to operate in the deep seabed area. The U.S. cannot represent the interests of its companies in those bodies.
- DSHMRA does not give mining companies the needed certainty they need to operate in international waters
- Lack of legal certainty has stalled deep seabed mining industry
- US accession to the convention would provide domestic deep seabed mining industry strong leadership and legal stability
- Seabed mining companies will only lose rights if US remains outside of UNCLOS
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VERSUS
According to U.S. foreign relations law, the United States may engage in deep seabed mining activities even if it does not accede to UNCLOS, provided that such activities are conducted without claiming sovereignty over any part of the deep seabed and as long as the mining activities are conducted with due regard to the rights of other nations to engage in mining.This position is also reflected in the Deep Seabed Hard Mineral Resources Act of 1980.
- US companies could still mine deep seabed outside UNCLOS by going through foreign subsidiaries
- US ocean policy already allows development of deep seabed mingling resources within US EEZ
- Under 1980 DSMHRA Act, US citizens and corporations are fee to mine deep seabed regardless of whether US is party to UNCLOS
- An informal, non-UNCLOS, multilateral organization would be sufficient to protect U.S. interests in mining deep seabed
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